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TO: Mayor Robert J. O’Connor
FROM: Planning Commission
DATE: November 10, 2016
SUBJECT:
An Ordinance Establishing a Special Use Planned Development, Approving the Griselda Escalante And Salvador Carrasco Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage for the property located at 759 Austin Avenue being north of Mountain Street, between Austin Avenue and Farnsworth Avenue (Griselda Escalante and Salvador Carrasco - 16-01018 / AU14/4-16.170-AA/A/SU - TV - Ward 1)
PURPOSE:
The Petitioner Griselda Escalante and Salvador Carrasco is requesting the Establishment of a Special Use Planned Development, pursuant to an Annexation Agreement, with an underlying B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage district zoning on the property located at 759 Austin Avenue, being north of Mountain Street, between Austin Avenue and Farnsworth Avenue
BACKGROUND:
The Subject Property is located at 759 Austin Avenue being north of Mountain Street, between Austin Avenue and Farnsworth Avenue and is currently a single family residences. The property is currently within unincorporated, Kane County with F Farming District zoning and has an Interim Special Use for a landscape business. Additional information on the property can be found in the attached Property Information Sheet.
The details of the Special Use Planned Development include modifications to the standard zoning regulations which allow for one landscape business with outside storage within the R-1 One Family Dwelling zoning until such time as the property is Final Platted for single family lots, and prohibits and adds certain uses within the B-2 zoning district. It also establishes setbacks for the landscape business and reduces the lot width for single family to 70 feet.
The Subject Property will be continue to be used as a landscape business under Parcel A of the Plan Description with R-1(S) One Family Dwelling District zoning, until such time that the property is Final Platted to create the residential, open space, and commercial lots.
Concurrently with this proposal, the Petitioner is requesting approval of the Annexation Agreement, the Annexation, and a Plat of Dedication for Farnsworth Avenue right of way.
The details of the Annexation Agreement include provisions to annex and establish a Special Use Planned Development with B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage underlying zoning on the Subject Property; the dedication of Farnsworth Avenue right of way; and provisions that the City will apply to FEMA for Letter of Map Revision for the Indian Creek floodplain from Austin Avenue to approximately 1,400 feet upstream of Farnsworth Avenue after the Farnsworth Avenue construction from Mountain Street to Sheffer Road is completed.
The details of the Annexation include annexing 3.203 acres to the City of Aurora pursuant to an Annexation Agreement.
The details of the Plat of Dedication include right of way dedication for Farnsworth Avenue of 7 feet with a 13 feet of temporary construction easement for the northern 170.36 feet of the Subject Property frontage and right of way dedication of 40 feet for the southern 199.96 feet of the Subject Property frontage.
DISCUSSION:
Staff has reviewed the Special Use petition and have determined that it meets the applicable codes and ordinances.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has not received public inquiries regarding this petition.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land-use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center
11.1(3) To encourage new development contiguous to existing development
11.1(5) To guide and promote development to areas where public utilities, public roads, and municipal services are either available or planned.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the Ordinance Establishing a Special Use Planned Development, Approving the Griselda Escalante And Salvador Carrasco Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, to an underlying zoning of B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage for the property located at 759 Austin Avenue being north of Mountain Street, between Austin Avenue and Farnsworth Avenue.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plan Description
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 16-01018
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Establishing a Special Use Planned Development, Approving the Plan Description and Amending Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, providing underlying zoning of B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage for the property located at 759 Austin Avenue, Aurora, Illinois
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Griselda Escalante and Salvador Carrasco are the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth; and
WHEREAS, on October 20, 2016, Griselda Escalante and Salvador Carrasco filed with the City of Aurora a petition requesting the Establishment of a Special Use Planned Development for property to be annexed into the City with an underlying zoning of B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage district, for the property located at 759 Austin Avenue, being north of Mountain Street, between Austin Avenue and Farnsworth Avenue; and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Planning Commission conducted a public hearing on November 9, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on November 14, 2016, the Planning and Development Committee of the Aurora City Council reviewed said petition and the Planning Commission recommendation and recommended APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning Commission, finds that the petition is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 10.6 and Section 4.3 (8000) a Special Use permit is hereby granted for a Planned Development (8000) use for the real estate property legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Planned Development (8000) use and is subject to all of the conditions set forth herein which shall be binding and remain in full force and effect upon the property, the petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said special use.
Section Seven: That the Plan Description in the form of Exhibit “B” attached hereto and incorporated by reference as if fully set forth herein is hereby approved.
Section Eight: That should any of the above-stated conditions not be met or that the property described in Exhibit “A” is not developed in accordance with the Special Use/Planned Development, the City Council shall take the necessary steps to repeal this Ordinance.
Section Nine: That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit “A”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Ten: That Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto be, and the same are, hereby amended to rezone the real estate described in Exhibit “A”, from R-1 One Family Dwelling zoning to B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage District. Upon termination of the use of said property for a Planned Development (8000) this Special Use permit shall terminate and the classification of B-2(S) General Retail, R-1(S) One Family Dwelling and OS-1(S) Conservation, Open Space, and Drainage shall be in full force and effect.
Section Eleven: That this Planned Development (8000) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Twelve: That all modifications and exceptions under the Aurora Zoning Ordinance and all modifications and exceptions from the Aurora Subdivision Control Ordinance, as set forth in the Plan Description, are here by granted and approved.